Los Angeles, Calif. (August 12, 2025) - In May 2025, the Court of International Trade ("CIT") issued a decision in V.O.S. Selections v. United States, vacating and permanently enjoining tariffs that President Trump earlier imposed. Lewis Brisbois previously published Client Alerts concerning the V.O.S. Selections case and other tariff-related litigation entitled, "Legal Battle Over Trump Tariffs Intensifies" on May 29, 2025 and "Update on Trump Tariff Litigation" on July 1, 2025. The purpose of this Client Alert is to provide additional updates on the V.O.S. Selections case.
What V.O.S. Selections Is About
Lewis Brisbois analyzed the legal grounds for the tariffs that are at issue in V.O.S. Selections in the Client Alert entitled "Legal Battle Over Trump Tariffs Intensifies." However, for purposes of this Client Alert, it is critical to note that all of these tariffs were imposed under the International Emergency Economic Powers Act of 1977 (the "IEEPA") in response to different national emergencies that President Trump declared: one for trade imbalances and deficits, and another for trafficking and international crime.
In V.O.S. Selections, the CIT ultimately held that IEEPA does not authorize the President to impose these tariffs. The government immediately appealed, and the case was recently taken up by the Federal Circuit Court of Appeals for oral argument.
Trump v. Casa, Inc.
In the Client Alert entitled "Update on Trump Tariff Litigation," Lewis Brisbois analyzed a recent United States Supreme Court opinion in Trump v. Casa, Inc., in which the Supreme Court held that district courts lack the power to issue universal (or "nationwide") injunctions. Casa is likely to impact V.O.S. Selections, where the CIT issued a universal injunction against the applicable tariffs.
The Casa decision was rendered just days after the federal government filed its opening brief in the V.O.S. Selections appeal and therefore was not analyzed in the opening brief. However, the federal government discussed Casa in its reply brief, arguing that the CIT's universal injunction was improper.
Oral Argument in V.O.S. Selections
On July 31, 2025, the Federal Circuit Court of Appeals heard oral argument in the V.O.S. Selections case. The panel of judges asked difficult questions to each attorney, focusing in large part on the issue of whether IEPPA authorizes a President to issue tariffs.
While it is generally impossible to determine how an appellate panel will rule based on the questions judges asked at oral argument, it appears that the panel was very critical of the government's position. Regardless of how the panel rules, it is all but certain that the decision will be appealed to the U.S. Supreme Court.
Key Takeaways
It is impossible to determine what will happen with V.O.S. Selections, though it appears at the very least that (1) the CIT's injunction (if permitted to survive) will be narrowed to the handful of states and private petitioners that sued, and (2) the case will be appealed to and likely argued in front of the U.S. Supreme Court. In either case, it will likely be months before the matter is resolved.
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